Masemola v Special Pensions Appeal Board and Another (10448/2016) [2017] ZAGPPHC 495 (30 June 2017)

Masemola v Special Pensions Appeal Board and Another (10448/2016) [2017] ZAGPPHC 495 (30 June 2017)

The court held that the dispute involves the interpretation of the Special Pensions Act, specifically whether reinstatement of a special pension is permissible after the expungement of a criminal record. The respondents' position that neither the Appeal Board nor the courts have jurisdiction to reinstate the pension would result in the applicant having no recourse, which the court found to be contrary to constitutional principles of access to justice and fair hearing. The court reasoned that the legislature did not intend for rights conferred by statute to be removed without opportunity for a hearing or judicial review. The matter raises important questions of statutory interpretation and...

Citation
[2017] ZAGPPHC 495
Parties
Applicant: Nathaniel Mashilo Masemola; Respondent: Special Pensions Appeal Board; Respondent: Government Pensions Administration Agency
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 June 2017
Case Number
10448/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Urgent Application
Outcome
Leave to appeal granted to the Supreme Court of Appeal.
Judges
Makhubele
Legal Topics
Special Pensions Act, Statutory Interpretation, Administrative Action, Access to Courts, Bill of Rights Limitation
Administrative Law Civil Procedure Constitutional Law Special Pensions Act Statutory Interpretation Administrative Action Access to Courts Bill of Rights Limitation

Case Brief

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Parties

Nathaniel Mashilo Masemola

Applicant

Special Pensions Appeal Board

Respondent

Government Pensions Administration Agency

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Urgent Application

Legal Issues

  1. 1 Whether the Special Pensions Act permits reinstatement of a special pension after expungement of a criminal record.
  2. 2 Whether the Special Pensions Appeal Board or the courts have jurisdiction to interpret the Act regarding reinstatement.
  3. 3 Whether the applicant's constitutional rights to access to justice and a fair hearing are infringed by the respondents' interpretation of the Act.

Ratio Decidendi

The court held that the dispute involves the interpretation of the Special Pensions Act, specifically whether reinstatement of a special pension is permissible after the expungement of a criminal record. The respondents' position that neither the Appeal Board nor the courts have jurisdiction to reinstate the pension would result in the applicant having no recourse, which the court found to be contrary to constitutional principles of access to justice and fair hearing. The court reasoned that the legislature did not intend for rights conferred by statute to be removed without opportunity for a hearing or judicial review. The matter raises important questions of statutory interpretation and...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal.

Orders

  • The application for leave to appeal is granted to the Supreme Court of Appeal.
  • Costs of this application will be costs in the appeal.